Supreme Court Reduces Contempt Sentence Of Advocate After His Apology For Remarks Against Judges

The Supreme Court on Friday (January 19) set-aside the Delhi High Court order granting a six months imprisonment granted to a lawyer who was found guilty for making “contumacious allegations” and “scandalous imputations” against judges of the High Court as well as the District Court.

The Bench comprising of CJI Dr. DY Chandrachud, JB Pardiwala J., and Manoj Mishra J., noted that the lawyer has submitted his apologies before the Judges and have withdrawn the allegations.

“The appellant has placed his apologies before the Judges concerned and has also addressed communications to the two-counsel withdrawing all allegations. This is reiterated by Ms Vibha Datta Makhija, senior counsel appearing on behalf of the appellant.”

By order dated 9 January 2024, the Division Bench of the High Court of Delhi held the lawyer to be guilty of criminal contempt for making wanton and unsubstantiated allegations across the board against the Judges of the trial court and of the High Court. The High Court furnished an opportunity to the lawyer to tender an apology, but the lawyer denied to apologies by stating that he stood by the allegations which he made “either against the learned Judges of this Court or against the Judges of the district court and the judiciary as such”.

Thus, the High Court sentenced him to suffer six months' imprisonment together with a fine of Rs 2,000 and, in default, to simple imprisonment of seven days.

Against the impugned order of the High Court, the lawyer preferred a criminal appeal before the Supreme Court. By an order dated 09.01.2024, the Supreme Court provided an opportunity to file an unconditional apology, on or before January 16 before 2PM, on affidavit individually before the Judges of the High Court and of the district judiciary against whom he had made the allegations.

When the matter was called on for hearing on January 16, 2024, the court noted that it was not satisfied with the nature of the apology which has been filed by the lawyer on 15 January 2024 and granted another opportunity to make a contrite expression of apology, and matter was next listed on January 19.

On January 19, the court noted that the appellant-lawyer has filed an affidavit of unconditional apology dated 18 January 2024. Although, the court has justified the order of the High Court holding the appellant-lawyer guilty of contempt but reduced the sentence of the appellant-lawyer to the period which has already been undergone.

“However, bearing in mind the apology which has now been tendered before this Court by the appellant, we reduce the sentence to the period which has already been undergone.”

Case Title: Virendra Singh Versus The High Court of Delhi

Click here to read the order